By Jennifer L. Lippi, JD, SPHR

In late 2023, the Governor signed AB 636 which revised the information that must be included in the Labor Code Section 2810.5 “Notice to Employee.”  Section 2810.5 requires that employers provide non-exempt employees with written notice regarding their pay rates, designated paydays, applicable overtime rates, paid sick leave, and other wage information. Employers must provide the written notice at time of hire and within seven days of a change of any of the above information, if the change in employees’ pay stubs for the following pay period does not list the change.

With the enactment of AB 636, employers must now include information about the existence of a federal or state emergency or disaster declaration applicable to the county or counties where the employee is to be employed, if the emergency or disaster declaration was issued within 30 days prior to the employee’s first day of employment and which may affect the employee’s health and safety during employment.  You may be asking “what steps do I need to take to comply with this requirement and how do I know of the existence of a federal or state emergency or disaster declaration?” 

As stated above, the Notice must only include declarations issued within 30 days of the new hire’s first day of work. So, when an employer has a new hire, they should check to see if there are new declarations issued in the prior 30 days of a new hire’s first day of work.  We recommend going to the website here to determine if there are any new emergency or disaster declarations. The Federal Emergency Management Agency (“FEMA”) also has a website here where you can input the zip code of where the employee will be working to see if there are any current emergency or disaster declarations. It would be advisable to have a point person in your organization responsible for this task. 

The Notice also has updated information on 2024 Paid Sick Leave (“PSL”).  Therefore, employers should provide updated Notices (with the 2024 PSL method and amounts.) Please reach out to your Silvers HR consultant if you have questions.  A copy of the revised Notice (revision date 11/2023) can be found here.